BILL NUMBER: AB 1210 CHAPTERED
BILL TEXT
CHAPTER 513
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2003
APPROVED BY GOVERNOR SEPTEMBER 24, 2003
PASSED THE ASSEMBLY SEPTEMBER 8, 2003
PASSED THE SENATE SEPTEMBER 4, 2003
AMENDED IN SENATE AUGUST 29, 2003
AMENDED IN SENATE JULY 8, 2003
AMENDED IN ASSEMBLY MAY 5, 2003
AMENDED IN ASSEMBLY APRIL 23, 2003
INTRODUCED BY Assembly Member Nakano
FEBRUARY 21, 2003
An act to amend Sections 8201 and 8203.1 of, and to add Section
8201.2 to, the Government Code, relating to notaries public.
LEGISLATIVE COUNSEL'S DIGEST
AB 1210, Nakano. Notaries public: qualifications.
Existing law establishes the qualifications for notaries public
and requires, among other things, that the person have satisfactorily
completed a written examination prescribed by the Secretary of State
to determine the fitness of the person to exercise the functions of
the office of notary public.
This bill would also require on or after January 1, 2005, any
person, in order to qualify as a notary public, to have
satisfactorily completed a 6-hour course of study approved or
provided by the Secretary of State concerning the functions and
duties of a notary public prior to his or her appointment. The bill
would, on or after January 1, 2005, also require a person who applies
for reappointment as a notary public to complete a 3-hour refresher
course.
The bill would require the Secretary of State, commencing January
1, 2005, to review any course of study proposed by a vendor pursuant
to the bill and to approve any course of study that includes all
material that a person is expected to know to satisfactorily complete
the written examination. The bill would also require the Secretary
of State to compile a list of all persons offering approved courses.
The bill would prescribe a specified civil penalty and require
restitution where appropriate for violation of any regulation adopted
by the Secretary of State pursuant to the provisions of the bill by
a person who provides notary public education.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8201 of the Government Code is amended to read:
8201. (a) Every person appointed as notary public shall meet all
of the following requirements:
(1) Be at the time of appointment a legal resident of this state,
except as otherwise provided in Section 8203.1.
(2) Be not less than 18 years of age.
(3) For appointments made on or after January 1, 2005, have
satisfactorily completed a six-hour course of study approved by the
Secretary of State pursuant to Section 8201.2 concerning the
functions and duties of a notary public.
(4) Have satisfactorily completed a written examination prescribed
by the Secretary of State to determine the fitness of the person to
exercise the functions and duties of the office of notary public.
All questions shall be based on the law of this state as set forth in
the booklet of the laws of California relating to notaries public
distributed by the Secretary of State.
(b) (1) Commencing January 1, 2005, each applicant for notary
public shall provide satisfactory proof that he or she has completed
the course of study required pursuant to paragraph (3) of subdivision
(a) prior to approval of his or her appointment as a notary public
by the Secretary of State.
(2) Commencing January 1, 2005, an applicant for notary public who
holds a California notary public commission, and who has
satisfactorily completed the six-hour course of study required
pursuant to paragraph (1) at least one time, shall provide
satisfactory proof when applying for reappointment as a notary public
that he or she has satisfactorily completed a three-hour refresher
course of study prior to reappointment as a notary public by the
Secretary of State.
SEC. 2. Section 8201.2 is added to the Government Code, to read:
8201.2. (a) Commencing January 1, 2005, the Secretary of State
shall review the course of study and any refresher course proposed by
any vendor to be offered pursuant to paragraph (3) of subdivision
(a) and paragraph (2) of subdivision (b) of Section 8201. If the
course of study includes all material that a person is expected to
know to satisfactorily complete the written examination required
pursuant to paragraph (4) of subdivision (a) of Section 8201, the
Secretary of State shall approve the course of study.
(b) (1) The Secretary of State shall, by regulation, prescribe an
application form and adopt a certificate of approval for the notary
public education course of study proposed by a vendor.
(2) The Secretary of State may also provide a notary public
education course of study.
(c) The Secretary of State shall compile a list of all persons
offering an approved course of study pursuant to subdivision (a) and
shall provide the list with every booklet of the laws of California
relating to notaries public distributed by the Secretary of State.
(d) (1) A person who provides notary public education and violates
any of the regulations adopted by the Secretary of State for
approved vendors is subject to a civil penalty not to exceed one
thousand dollars ($1,000) for each violation and shall be required to
pay restitution where appropriate.
(2) The local district attorney, city attorney, or the Attorney
General may bring a civil action to recover the civil penalty
prescribed pursuant to this subdivision.
SEC. 3. Section 8203.1 of the Government Code is amended to read:
8203.1. The Secretary of State may appoint and commission
notaries public for the military and naval reservations of the Army,
Navy, Coast Guard, Air Force, and Marine Corps of the United States,
wherever located in the state; provided, however, that the appointee
shall be a citizen of the United States, not less than 18 years of
age, and must meet the requirements set forth in paragraphs (3) and
(4) of subdivision (a) of Section 8201.